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Don McGahn Subpoena Case Set for Jan. 3 Appeals Court Hearing

November 29, 2019by Joe Schneider
White House counsel Don McGahn listens to Supreme Court nominee Brett Kavanaugh testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, D.C., on September 27, 2018. (Jim Bourg/Sipa USA/TNS)

The U.S. Justice Department’s appeal of a judge’s order compelling former White House counsel Don McGahn to comply with a House Judiciary Committee subpoena for his testimony is set to be heard in Washington, D.C., on Jan. 3.

The federal appeals court in Washington, in an order issued Wednesday, put U.S. District Judge Ketanji Brown Jackson’s ruling on hold while it considers the case.

House Democrats sued to force McGahn’s testimony earlier this year after he failed to comply with a subpoena that required him to appear before the Judiciary Committee on May 21.

In a ruling Monday, Jackson rejected the Trump administration’s claim the lawyer was covered by broad presidential immunity. “Presidents are not kings,” Jackson wrote in her ruling.

The committee has sought McGahn’s testimony since the close earlier this year of special counsel Robert Mueller’s investigation of Russian interference in the 2016 presidential election.

The request gained urgency with the House impeachment inquiry, which focuses on whether the president withheld nearly $400 million in foreign aid to Ukraine while awaiting that nation’s willingness to investigate former Vice President Joe Biden and his son Hunter.

McGahn resigned his White House post in October 2018.

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